The bill provides that the debt discharge amount thus excluded from income is applied to reduce the taxpayer's net operating losses and certain other tax attributes * * *. [S. Rept. 96-1035 (1980), 1980-2 C.B. 620, 624.] See also H. Rept. 96-833, 12 (1980). Moreover, section 108(d)(8) was enacted at the same time as the reduction provisions of section 108(b)(1) and (2). The same Congress that wanted to reduce tax attributes as a price for tax- free debt discharge was quite aware of who would be doing the reducing--the estate, not the individual. Finally, if petitioners were correct, the debtor-taxpayer would receive a windfall, a result which simply does not fit the statutory scheme. As the Court of Appeals for the Sixth Circuit has stated in Firsdon v. United States, 95 F.3d 444, 447 (6th Cir. 1996) (a case in which the Government prevailed on the issue involved herein): Section 108(b) of the I.R.C. provides that any amount excluded from gross income under � 108(a) "shall be applied to reduce the tax attributes of the taxpayer," including NOLs. The obvious reason for this provision is to prevent bankrupt debtors from procuring a double benefit from the tax laws--a tax-free cancellation of debt plus favorable tax attributes from the bankrupt estate. * * * Petitioners do not argue that any of the 1990 NOL would remain after discharge, and in fact appear to concede on brief that the NOL ultimately would have been eliminated by operation of section 108(b)(2)(A) and (3). This concession comports with the reality of the circumstances. The NOL in question in this case was in the amount of $136,773. Mr. Kahle appears to have had liabilities of over $84 million. It is true that Mr. KahlePage: Previous 1 2 3 4 5 6 7 8 9 Next
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